U.S. FIRE INS. CO. v. SMITH BARNEY, HARRIS UPHAM

No. 83-1386.

724 F.2d 650 (1983)

UNITED STATES FIRE INSURANCE COMPANY, The North River Insurance Company, Westchester Fire Insurance Company, Industrial Indemnity Company, First National Bank of Minneapolis, Marquette National Bank of Minneapolis, Marquette National Bank at University, Marquette Lake State Bank, Marquette State Bank of Columbia Heights, Marquette Bank & Trust Co. of Rochester, Golden Valley State Bank, First Brookdale State Bank, Security State Bank of Cannon Falls, Mid America State Bank of Highland Park, Mid America National Bank of Eagan, Hillcrest Mid America State Bank of Maplewood, State Bank of Worthington, and Citizens State Bank of Ontonagon, Michigan, v. SMITH BARNEY, HARRIS UPHAM & CO., INCORPORATED, Dorsey, Windhorst, Hannaford, Whitney & Halladay and Thomas S. Hay, and Smith Barney, Harris Upham & Co., Incorporated, Appellant, v. MINNESOTA STATE ZOOLOGICAL BOARD, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 30, 1983.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen. of Minn., Richard S. Slowes, Asst. Atty. Gen., St. Paul, Minn., for appellee.

Oppenheimer, Wolff, Foster, Shepard & Donnelly, Elmer B. Trousdale, Edward M. Laine, David B. Potter, St. Paul, Minn., for appellant.

Before LAY, Chief Judge, FAGG, Circuit Judge, and NICHOL, Senior District Judge.


LAY, Chief Judge.

This matter comes to us on appeal of an interlocutory order under a Rule 54(b) certification issued by the district court.1 We find the district court erred in issuing the certificate and we therefore dismiss the appeal for lack of jurisdiction.

In August 1977, the Minnesota State Zoological Board contracted with a non-profit corporation — Zoo Ride, Inc. —...

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